AI Structured Summary
Not yet generated for this judgment
Judgment
Rajamannar, C.J.
In this case a most extra-ordinary contention has been raised. The petitioner is a tenant in a portion of a building. Other portions of the building have been let to other tenants. The concurrent findings of both the Rent Controller and the Appellate Tribunal are that the petitioner has been the cause of frequent quarrels and has made it impossible for the tenants occupying the other portions of the building to live in the house along with the
petitioner. He has therefore been ordered to be evicted u/s 7(2) (iv) of Madras Act XV of 1946. The contention before us on behalf of the petitioner is that under that provision it is only if the tenant is guilty of acts and conduct which are a nuisance to the occupants of buildings other than the building which the tenant is occupying that the tenant can be evicted; but if one tenant Is guilty of similar acts in respect of tenants occupying other portions of the same building, the provision would not apply. We do not agree that the language of the enactment compels us to
this absurd conclusion. "Building" has been defined in the Act as meaning ""a part of a building let or to be let separately. It is obvious that in this
case parts of the same building have been let separately to different tenants. These parts of the same building would constitute "buildings" within the
meaning of the Act. It is impossible to contend that one portion of the same building is not in the neighbourhood of another portion of the same
building. The result would be that the tenant in this case must be deemed to have been guilty of such acts and conduct which are a nuisance to the occupiers of the buildings in the neighbourhood. The order of eviction was rightly passed against him. The application is dismissed.